Wichita, KS asked in Consumer Law for Kansas

Q: There are several nail salons in Wichita Kansas that refuse to honor gift certificates past one year of issuance.

What can be done about that? Who do I talk to ?

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1 Lawyer Answer
Adam Savett
Adam Savett
  • Consumer Law Lawyer
  • Allentown, PA

A: Kansas has a gift card / gift certificate expiration law (KS Stat § 50-6,108) that states:

Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than five years from the date of purchase.

(b) A gift certificate or gift card sold without an expiration date is valid until redeemed or replaced. A merchant shall not be required to redeem a gift card or gift certificate for cash.

(c) No fees may be charged against the balance of a gift card or gift certificate within 12 months from the date of issuance of the card.

(d) This section shall not apply to any of the following gift certificates or gift cards issued on and after January 1, 2007, provided the expiration date appears on the front of the gift certificate or gift card:

(1) Gift certificates or gift cards that are distributed by the issuer to a consumer without any money or other thing of value being given in exchange for the gift certificate or gift card by the consumer; or

(2) gift certificates or gift cards that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fund-raising purposes.

(e) All conditions and limitations shall be disclosed to the purchaser of a gift certificate or gift card at the time of purchase. If such conditions or limitations are not complied with by the purchaser, the issuer shall not be required to, but may, redeem such gift certificate or gift card.

So, the relevant questions are:

1. Were the gift certificates issued after 1/1/2007?

2. Do the gift certificates have expiration dates on them?

3. Do any of the gift certificates fall into the exemptions (e.g. given away for free, sold below face value to a non-profit for a fundaiser, etc.)?

You can file a complaint with the Kansas Attorney General's office.

Information can be found here - https://ag.ks.gov/about-the-office/contact-us

Best of luck.

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